Are Open Adoptions Legally Enforceable in Washington D.C.?

If you're considering adoption in Washington D.C., you might wonder whether you can maintain a relationship with your child after placement. The answer is yes. Washington D.C. recognizes post-adoption contact agreements (PACAs) and allows them to be enforced under specific conditions.

This means you can have a legally recognized arrangement for ongoing contact with your child and their adoptive family.

You have control over every aspect of the adoption process, including the level of openness you're comfortable with. Whether you envision yearly visits, regular photo updates, or phone calls on birthdays, you get to choose the perfect family for your child who shares your vision for staying connected.

With American Adoptions, you'll get personal care you deserve from your adoption specialist so that you feel safe during your journey.

Fill out our contact form today to get the support you deserve from an adoption specialist.

Open Adoption Agreements Explained: What They Mean for You

An open adoption agreement, sometimes called a post-adoption contact agreement (PACA), is a written plan that outlines how you'll stay connected with your child and their adoptive family after placement. This isn't about giving you parental rights after adoption.

Instead, it creates a roadmap for ongoing communication that honors the relationship you'll always have with your child.

These agreements can include different types of contact based on what feels right for everyone involved:

Letters and photo updates sent through your adoption agency at agreed-upon intervals (quarterly, semi-annually, or annually)
Phone calls or video chats on special occasions like birthdays or holidays
In-person visits at a frequency that works for both families, some birth parents see their child once a year, while others prefer less frequent contact
Text message exchanges to share updates and maintain connection

You can choose a brighter future for your child while maintaining a meaningful connection. Many birth mothers find comfort in knowing their child is thriving while still being part of their story.

Your adoption specialist will help you think through what level of contact feels right and guide you through documenting these preferences.

What Happens If an Open Adoption Agreement Is Broken?

Under D.C. Code § 4-361, post-adoption contact agreements can be legally enforceable when they meet certain requirements. The Family Court will enforce a PAC agreement if it finds that enforcement is in the best interest of the child.

It's important to understand that failure to follow the agreement cannot be used as grounds to revoke consent or set aside the adoption itself. The adoption remains final regardless of what happens with the contact agreement.

If contact stops happening according to the agreement, you have options:

Mediation is required first. Before seeking court enforcement, parties must participate in good faith mediation or other dispute resolution. Your adoption specialist can help facilitate informal conversations to resolve issues. If formal mediation is needed, the adoptive parent selects the mediator as required by D.C. law.
Court enforcement. After attempting mediation, if the adoptive parents aren't following the agreement without good reason, you can ask the Family Court to enforce the terms. The court will evaluate whether enforcement serves the child's best interest.
Modification of terms. Sometimes circumstances change, and what worked initially doesn't work anymore. Either party can ask the court to modify the agreement if it's in the child's best interest.

Courts in D.C. will always prioritize the child's best interest when making decisions about contact agreements. If a judge determines that enforcing contact would be harmful to the child, they may decide not to require it.

In practice, most open adoption relationships continue successfully because they were built on mutual respect and shared love for the child from the beginning.

American Adoptions carefully screens adoptive families and only works with those who genuinely embrace openness. We ask our adoptive families to be open to some degree of contact and an in-person visit within the first five years of the child's life, which helps prevent situations where agreements might be broken.

How to Choose the Right Family in an Open Adoption

Choosing an adoptive family is one of the most important decisions you'll make, and it's entirely yours to make. When you work with American Adoptions, you'll have access to profiles of waiting families who have been thoroughly screened and are ready to welcome a child.

These profiles show photos of their home, their values and traditions, and their vision for openness, including what level of contact they're comfortable with.

As you review families, consider:

Finding the right match gives you peace of mind.

Once you've identified families you're interested in, communication begins through emails or letters, then phone calls, and eventually in-person meetings if everyone feels comfortable.

Your adoption specialist will guide you through this process, helping you identify families who will honor an open adoption agreement long-term.

The Role of American Adoptions in Your Open Adoption Journey

American Adoptions serves as your advocate, mediator, and support system throughout your open adoption journey. As a national adoption agency, we help you by:

Helping you articulate what kind of openness you want and explaining different options
Working with legal professionals to draft your post-adoption contact agreement that meets D.C.'s legal requirements
Facilitating ongoing communication between you and the adoptive family after placement
Stepping in to mediate if challenges arise, often resolving misunderstandings through conversation
Requiring our adoptive families to be open to some degree of contact and an in-person visit within the first five years

By setting clear expectations from the start, we create a foundation for successful open adoptions.

Why So Many Birth Parents Feel Open Adoption Is Right for Them

The reasons birth parents choose open adoption are as varied as the individuals themselves. Certain themes emerge again and again. Understanding these benefits might help you determine if open adoption aligns with your hopes for your child's future.

For birth parents, open adoption offers:

You don't have to wonder if your child is okay, if they're happy, or if they're loved. You'll know because you'll see updates and potentially even witness their growth firsthand.

As your child grows and develops questions about their adoption story, you can be there to share your perspective, your love, and your reasons for choosing adoption.

Many birth mothers describe their relationship with their child as evolving over time, from photos and letters when the child is young to more direct communication as they mature.

The pain of placing a child for adoption is real. Open adoption can provide a healthier framework for processing that grief.

For children, open adoption provides:

Understanding their story. Children in open adoptions grow up understanding their full story. They don't have to imagine who their birth parents are or why they were placed for adoption. They have real information and often real relationships.
Medical history access. If health issues arise, having direct contact with birth family members can provide crucial medical information.
Reduced feelings of abandonment. When children can see that their birth parents made an adoption plan out of love and continue to care about them, it can alleviate questions about rejection.

The level of openness that works varies for everyone. Some birth mothers want frequent contact, while others prefer more space. What matters is that you have options and that those options can be formalized in a way that protects everyone's interests.

Start Your Open Adoption Journey with American Adoptions

You don't have to navigate this decision alone. Whether you're certain that adoption is right for you or you're still weighing your options, American Adoptions is here to provide the information and support you need.